Wife's outside stay
Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
My wife came back week ago after missing for around one month.
She went to her parents house, a month ago and went missing from there. My in laws kept her at some secret place and didn't share her whereabouts with me for some strange reason.
I think they might be planning for divorce or so.
She stayed with some unknown person during that stay. I have lost faith in her and want to discontinue with her.
Please suggest, what legal action i take against my wife and in laws, who despite my several requests didn't share her whereabouts.
Devajyoti Barman
(Expert) 18 September 2011
If you think and have proof that her missing was preplanned and a fabricated story then it definitely amount to causing mental cruelty which entitles you to file a suit for divorce.
Querist :
Anonymous
(Querist) 18 September 2011
Sir, can you guide me of the section as well of the above said mental cruelty. Thanks
Sanjeev
(Expert) 18 September 2011
Dont file any cases in a hurry as if they counter file any Criminal case like 498A for Dowry harrassment you will land up in trouble. Instead of deciding in anger think /talk and resolve mutually understanding what they are actually up to. The laws are favouring women and if you act inappropriately you will be at the receiving end.
Advocate Rajkumarlaxman
(Expert) 19 September 2011
i agree with the experts. But if you are sure about her wherabouts that she was staying with starnger and that you are having the proof that she was not with you for a month or so without informing you and was not traced up that she was were you can about in Domestic Violence against her.
Advocate Rajkumarlaxman
(Expert) 19 September 2011
Let me make it clear that you can move under the domestic violence act for torture and mental agony, suppressing you legal right to know where she stayed for the month. but all this should be proved by you. Supreme court and as well highcourt of Mumbai has come to the conclusion that a husband can move against hiw wife if she tortures and harass her husband.
Advocate Rajkumarlaxman
(Expert) 19 September 2011
i will also post the same for all at the earliest the decison in this regard and details of the case which has given the decision in this manner.
Raj Kumar Makkad
(Expert) 19 September 2011
Rajkumarlaxman! Husband cannot invoke domestic violence act.
Relevant section as asked in 13(i) (ia) of HM Act, 1955.
prabhakar singh
(Expert) 19 September 2011
The first and foremost error on your part
was not to inform police when she left you without information and address.Any could have been planned against you if relations are going restrained.
Though it is arguable that she committed cruelty and caused deep agony to you by living her unknown for months,but what evidence you have to prove it,except an allegation on which we are inclined to have beliefs BUT COURT WILL ASK YOU TO PRODUCE EVIDENCE.DO YOU HAVE THAT REALLY?????
Querist :
Anonymous
(Querist) 19 September 2011
Sir, I have her hand written slips having names as well as phone numbers of all those strangers. She contacted one of the stranger after coming back home as well from her phone.
Moreover, she messaged me from the stranger's city (Different city from me). Believe the mobile service provider can give the exact location or area name from where the message has been sent.
Sir, Is that sufficient enough to go ahead with charges
Guest
(Expert) 20 September 2011
Provided you can prove that she stayed with some unknown person during that period on account of some illicit relations?
Naturally, not all of her relatives or friends would be in your knowledge, as she would not be knowing all your relatives and other acquaintances.
